Category: Const Law Issues

Kagan v. Scalia

Stephen Carter discusses Kagan’s conflict with Justice Scalia during the Citizens United reargument in this analysis piece this morning. For years, liberals have longed for a counterweight to Justice Scalia. Maybe what would be better is a Marshall type, less interested in battling than in building. Americans have come to celebrate a politics dominated by […]

Kagan’s views on the First Amendment and Citizens United in the news

The Times examines Supreme Court nominee Elena Kagan’s views on the First Amendment and Citizens United this morning. First Amendment scholars have been rereading Ms. Kagan’s work in recent days. Much of her work was concerned with more abstract First Amendment theory as applied to the hot topics of the day, including pornography and campus […]